A midwife told parents who delivered a baby prematurely that they "needed to mourn the baby's death" when it was still fighting for its life.

The midwife, who worked at Basildon Hospital, also did not begin resuscitation, use a stethoscope to listen to the heart rate or call for emergency assistance, a hearing heard.

The mother was left alone when she was delivering the baby and had told the midwife of the extreme pain she was in.

Julia Laban was employed as a Band 6 midwife after spending 16 years working for the Basildon and Thurrock University Hospitals NHS Foundation Trust.

She had worked for the trust since 1999, and on the antenatal and postnatal wards for five years prior to the incident.

What happened on that day?

A midwife talking to a pregnant woman (Image: PA)

In the hearing, held by the Nursing and Midwifery Council (NMC), the people involved are referred to by pseudonyms.

Patient A, the mother of Baby C, had suffered from a number of miscarriages. Although she had previously given birth to a healthy child, the birth had been complicated due to a post-partum hemorrhage which lead to the mother needing to stay in hospital longer.

At the start of her pregnancy with Baby C, the mother informed the midwifery service at the trust of her previous history and she was advised to have a hospital birth. She was also told she should receive syntometrine after giving birth, for the third stage of delivery, to prevent further risk of post-partum haemorrhage.

On August 25, 2015, her waters broke unexpectedly and she called an ambulance.

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Whilst waiting for the ambulance to arrive, the patient phoned the midwifery unit at the trust and she was told that she'd be taken to the labour ward. However, when she arrived she was informed there was no room and taken to the Mayberry Ward instead.

Later, she was moved to the Cedar Ward, where she remained until August 29. Observations were taken by various medical staff but she didn't feel doctors on the ward were communicating with her sufficiently.

On the morning of August 29, Patient A began experiencing pain and Ms Laban entered the room to tell her she would taking over her care. Later that morning, the pain was intensifying and she told the midwife who brought her paracetamol and told the mother she'd seek assistance from a doctor.

She later told her that they would try to get a place on the labour ward. The patient kept pressing the buzzer for help.

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At around 5.30pm, the delivery of the baby began and the father went to find help, but Ms Laban did not enter the room until 20 minutes after the baby was born, according to the patient.

The report states: "It is alleged that when you did attend, you made comments about letting the baby die and mourning the baby."

It's also alleged that Ms Laban did not examine the baby, despite the patient's pleas to do so, and not use the emergency buzzer for assistance, and not listen to the baby's heart rate.

Two other midwives and a care assistant attended, the baby was moving, and Patient A asked the midwife to help, but it wasn't until a doctor attended at 6.15pm that the baby was taken for resuscitation.

She was rushed for emergency treatment

A midwife with mother and newborn baby (Image: Get Reading)

The mother was left alone again and continued to bleed and was not given medication to reduce the risk of a post-partum hemorrhage, which she had suffered before.

Another midwife attended and she was taken for emergency surgery to deliver the placenta and suffered so much blood loss she needed blood transfusions and remained in hospital for another two days.

The Nursing and Midwifery Council panel, which conducted a tribunal hearing into the case, said Ms Laban should have escalated concern earlier in the afternoon and that the patient's condition became critical at 4.30pm.

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The report also states that there was no evidence of a handover to another midwife, and because of this Ms Laban was responsible for aiding the third stage of labour and administering syntometrine.

The panel determined the failure to begin resuscitation of the baby by the midwife resulted in an increased risk of harm.

"By your own admission, you wrapped the baby in a blanket, handed him to his parents and told Patient A and Person B to ‘mourn the baby’," said the document.

"The consequence of you not taking responsibility for calling the doctor to assist Baby C, and saying to the parents to mourn their baby, was a confused situation."

The charges against the midwife

The following charges were proved by admission of Julia Laban:

Did not ensure a plan of care was prepared/updated for when a patient went into labour

Did not ensure a doctor considered whether steroids should be administered

Did not complete observations on a patient's condition

When a patient went into labour did not transfer them to a delivery suite, ask for assistance from a doctor

Also, when the baby had been delivered and Ms Laban observed signs of life, she did not:

Use a stethoscope to listen to the heart rate

Pull the emergency buzzer to seek assistance

Begin resuscitation

Seek immediate assistance from a doctor

After the patient had the baby, Ms Laban, as proved by admission, did not:

Remain or immediately return to complete the third stage of labour

Administer syntometrine, which can be given to manage the third stage of labour

Also, it was found proven that the midwife told the patient and another person 'to mourn the baby's death', and did not accurately keep records.

The report also said she did not ensure that a midwife was present and providing assistance to a patient during the delivery

However, the patient claims: "When Julia came in, she said that as the baby was born before I had reached 24 weeks of my pregnancy that we needed to let my baby die."

The panel had not found this was proved in the investigation, but instead decided there was a risk of what she had said before being interpreted in this way.

Ms Laban told the panel in a meeting on May 6, 2016: "The father was encouraging her to give the baby back to me and I said I think it is quite important for your wife to have this time with her baby. It is important that she mourns."

The members of the panel say the wording was wholly "inappropriate and insensitive" as the baby was showing signs of life.

The midwife was 'blaming others'

Basildon and Thurrock University Hospitals had 96.8% of general beds filled (Image: Health Education England)

The panel came to the view that the actions of Ms Laban was misconduct.

They wrote in the hearing notes: "It did not have any evidence before it that you understand how your actions placed Patient A and Baby C at a risk of harm or how your misconduct had a negative impact on the reputation of the midwifery profession.

"The panel determined that the attitudinal issues highlighted at the fact finding stage remain relevant and it was concerned by your continuing failure to accept responsibility for your misconduct and your tendency to blame others for your failings."

The members decided Ms Laban's fitness to practise was currently impaired and the midwife said she had 'no intention of returning to the profession'. She had wanted to apply to be removed from the midwifery registar.

But the panel said this was "sidestepping" the process, after some of the charges were 'extremely serious with the potential to cause physical harm'.

Time Line

The delivery of the baby at Basildon Hospital

August 25

Patient A's waters broke unexpectedly and she called an ambulance to be taken to Basildon Hospital.

August 27

She was sent for a scan as 48 hours had passed since her waters had broken. It established the gestation period for the baby was 23 weeks and 2 days.

August 28

After speaking to a consultant, the patient formed the impression the staff at the hospital were of the view a live baby would be delivered imminently. If a baby had not been delivered in two days, steroids would be given to aid maturity of the baby's lungs.

August 29

The mother began to experience pain at around 9am, when Ms Laban, the midwife who has been suspended, said she would be taking over her care. She had said she was in pain.

Later, the pain intensified, and the midwife told the patient she would speak to a doctor and brought her paracetamol.

She continued to press the buzzer and experience more pain but was left alone in the room.

The birth

In the evening, Patient A began delivering the baby but the midwife had not come into the room for 20 minutes.

It is alleged the midwife made comments about 'letting the baby die and mourning the baby'."

The panel made a striking-off order and an interim order "for the protection of the public" for 18 months to allow the possibility of an appeal. If no appeal the interim will be replaced by the striking-off order.

The Basildon and Thurrock University Hospitals Trust has been approached for comment.

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